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IReprinted from Thf. American Historicai. Revikw, Vol. XIX., No. 3, Apr., 1914 ] 

•0 DOCUMENTS 

A Neiv Plan to Govern Virginia, 1633 

The great Sackville collection of manuscripts at Knole Park, 
Sevenoaks, has long been recognized as likely to contain papers of 
importance relating to the early history of Virginia and the Virginia 
Company. A very imperfect survey of the manuscripts was made 
by the Historical Manuscripts Commission in the early years of its 
activity, but very little was then brought to light and though from 
time to time a few scattered Virginia papers have been extracted 
from the collection,* no systematic search of the whole collection has 
been made. It has been shown by Dr. Kingsbury^ that papers may 
have come to Knole from four different sources connected with the 
Virginia Company and among them from Lionel Cranfield, first earl 
of Middlesex and Lord High Treasurer of England during the 
period when the company was dissolved. The papers of Cranfield 
are in reality by far the most important of the seventeenth-century 
manuscripts in the collection and it has been in the course of a pre- 
liminarj' investigation preparatory to the calendaring of the Sack- 
ville manuscripts for the Historical Manuscripts Commission that the 
document here printed has come to light. By the courtesy of Lord 
Sackville and of the Historical Manuscripts Commission, it has been 
transcribed in full and is here presented as of some interest to the 
student of early Virginian history or of political speculation in the 
early seventeenth century. 

The document is written in a neat and clerkly hand on six sheets 
of paper fastened together at the top and rolled in an outer cover 
consisting of a blank parchment form of indenture. The first sheet 
is written only on one side with a discursive preface of small im- 
portance,' but each of the other sheets is written closely on both 
sides with explanatory comments in the margin. The earlier part 
of the document has received emendation here and there in a hand 
that is much less legible than the rest of the document. It is prob- 
able that the document itself is in the hand of its author, for many 
corrections of phrasing and arrangement occur in this hand through- 
out. It may be suggested, however, that before presentation it was 

1 E. g.. for Dr. Pcckard, the author of the Memoirs of Nicholas Ferrar. 

* Susan M. Kingsbury, Records of the Virginia Company, introduction, p. 114. 

3 Not printed. 

(559^ 



5 6o Docume7its 

submitted to some person of authority and that the secondary altera- 
tions are due to him. The document is undated and does not contain 
anything within that would enable an exact date to be assigned, but 
external evidence enables us to place the date of its presentation as 
somewhere within the latter half of 1623. The order of the Privy 
Council appointing a commission to enquire into the true state of the 
Virginia plantation was issued on April 17, 1623, and on May 22 the 
records of the company were sequestered. On June 23 a draft 
proposition for resettling the estate of \'irginia* was delivered by the 
Rich faction to the Lord Treasurer and in December Captain Bar- 
grave also presented a proposition. Cranfield's approaching fall 
from favor was a topic of common conversation from January to 
April, and during these months there was a lull in the proceedings 
for the resettling of the government and a dearth of papers touching 
matters as they stood in England. It may therefore be suggested 
with a considerable likelihood of truth that the paper was written 
and presented at some date between June and Deceinber, 1623. and 
that, having been considered by the Lord Treasurer, it was endorsed 
by one of his secretaries and placed among his papers for future 
reference. Comment on the plan itself is vinnecessary, but atten- 
tion may be drawn to its complexity and to an impracticability that 
would be unlikely to commend itself to the extremely practical and 
mercantile mind of Cranfield. The amateur constitution-mongers of 
the reign of James L were evidently as unfamiliar with the practical 
details of government as was John Locke in his celebrated plan for 
the government of Carolina. 

Arthur Perciv.'vl Newton. 

A forme of Polisie to plante and governe many families in 

Virginea, soe as it shall naturally depend one the 

soveraignetye of England. 

(i) This preamble, be- W'hereas wee aswell by our Letters 

inge the difinicion of that Patentes beareing date at Westminster the 

wee intend to doe and loth daye of April in the 4th yeare of our 

framed to the attaineing raigne, as by diverse other Letters Patentes 

of our last end, wee maie since that time graunted, have given licence 

terme the contract of this imto diverse of our loveing subjectes named 

our marriage, whereof I in those severall Patentes, to conduce and 

have wrytten a treatice conduct severell coloneys of our loveing 

handling everie worde of subjectes to abide in America, within 34 and 

it, and shewinge that the 45 degrees of the equinoctial!, with diverse 

object (to witt) To plant preheminenccs, liberties, and authorities as 

and governe and the sub- by the sayde Patentes appearelh, And 

■* P. R. O., Manchester Papers, no. 379. 



A New Plan to Goi'crti I h-ginia, 162 j 



561 



ject nianie families in 
\'irginea, and the end to 
which the efficient, that is 
this pattent and authority 
wee have from the kinge, 
should bee ordained, which 
is to cause the plantacion 
naturally to depend on the 
sovoragnenitye of Eng- 
land. Theis being the 
esscentiall and formall 
differences, I hould the 
worke to bee truelie de- 
fy ned. Yf then the end 
bee it that must teach us 
the meanes to conduce to 
it, and that the right or- 
daineinge of the efficient 
bee the principall meane-; 
to attaine our end, then 
the question wilbe quicklie 
descN'ded whether it bee 
not better to authorize one 
sett forme of government 
both heare and in Vir- 
ginia framed to the at- 
taineing of our end, and 
see leave the lawes to bee 
ordained accordinge to 
that forme, or ells that the 
adventurours here should 
give lawes and govern- 
ment by populer voyces 
to the planters in Virginia 
as if they were their ten- 
antes or servantes. The 
said planters being aswell 
free subjects to the kinge, 
those that venture theire 
lives aswell as theire 
goodes, and those that 
must hould the plantacion 
to England, if Aristotle's 
rule houlde that, that 
right which works most to 
the attaineing of the poli- 
tick End must be pre- 
ferred, this question is by 
it descyded see the word 
polycy. 



The reasons whv this 



whereas wee knoweing this derived au- 
thoritie from us, to bee the efficient cause 
and the speciall meanes wheareby wee shall 
attayne the endcs proposed to ourselfe for 
the undertakeing of the sayde plantacions, 
did give likewise togeather with our first 
Patent certayne Articles and Instructions, 
theareby scttleing downe our forme of 
government for the governeing of the sayde 
severall plantacions fitted at that time to 
those poore beginninges, and promiseing 
farther that as the Plantacion should en- 
crease within the degrees aforesayde. Wee, 
our heires or successours, would ordayne 
such farther instructions, lawes, constitu- 
tions, and ordinances, for the better rule, 
order and governement of such as shall 
make plantacion theare as to us our heires 
and successours shall from time to time bee 
thought fitt and convenient, limiteing our 
selves onely to frame them in substance 
consonant to the Lawes of England 

And whereas wee have since contrarie to 
our first proceedeinges beene induced by 
severall Letters Patentes dated ... to or- 
dayne and institute severall orders of gov- 
erncmentes, in our southerne and northerne 
plantacions now tcarmed Virginea and New 
England, therein applieing our selves to the 
desires (and as wee feare the private 
endes) of the adventurers heare, which 
layeing the groundes of their governement 
accordeing to their private interest and 
severall joyntestockes, have governed our 
free subjectes in Virginea as if they were 
their scrvauntes. Wee knoweing theare- 
fore, that thease severall formes of gov- 
erncmentes doe breede distractions, as well 
amongst the adventurers heare, as our love- 
ing subjectes the personal! planters, and 
understandeing that the joyntestockes of 
the Southerne Plantacion (whereon their 
governement heare by voices was founded) 
is now spent and gone, and the plantacion 
dothe subsist onely of the ould planters now 
made free of severall private collonies, 
planted by Patentees, and of diverse pub- 
lique servauntes, planted by the Collections 
and Lotteries, 

And that the plantacion is now soe strong 
Ihat it is able to defend it selfe and fitt to 
put one the face of a commonwealth. Wee 
(being the politicke father of the whole and 



56: 



Documents 



force is not to bee used is 
sett downe in the treatice 
of Difinitio chap. — 



The tretyse on the word 
Remidys. 



The reason why the 
forces and soveraigne 
faculties should not bee 
put into one hand, reade 
the said treatice uppon 
the words Governe and 
forme. 



Reade the treatice up- 
pon the word Policie. 



Theis bee the true prop- 
erties of the efficient 
cause, which in our case 
will onelie bee effected by 
a settled forme that must 
prepaire apt instrumentes 
and matter of apt con- 
dicion for it to worke on, 
perticuler formes being 
united and determined by 
theire certaine perticuler 
matter, sec the treatice on 
the word forme. 



not lookeing one [on] particulars in respect 
f it) considering and knoweing that the per- 
fection and happinesse of a commonwealth, 
lyeth not soe much in the spaciousnesse of 
it, but first and principally in the governe- 
ment, consisteing in the mutuall duties of 
commandeing and obeyeing, next in posess- 
ing thinges plentifully, necessarie for the 
life of man, doe professe that next and im- 
mediately after the honour wee shall doe to 
God in converteing of the infidells to the 
knowledge and worshippe of Him, we in- 
tend wholely the good of our subjectes: 
first to the planters and adventurers, then to 
the planted, which wee would have soe 
cherished that they may prove planters 
themselves, and to that end endeavoureing 
to cause both England and Virginea, to en- 
dowe each other with their benifittes and 
profittes that theareby layeing aside force 
and our coactive power, wee may by our 
justice and bountie marrye and combinde 
those our provinces to us and our sover- 
aignetye in natural! love and obedience, 
Wee will make this marriage our politicke 
and last end, to teach us what are the 
meanes that conduce to it, and to give both 
measure order and end to them. To which 
purpose not suffering any one to growe to 
i^reate. for feare of shaddoweing and 
hindering the rayes of our Majestie to 
shine over all, IVee will give to each 
planter advauncement in the governemcnt, 
accordcing as hee shall give farthorance 
thereto. In regard thearefore this our 
soveraigne and uniteing power (and the 
facullties theareof takeing theire roote from 
our majestie in England) is to spread it 
selfe amongst many as7vell differing in con- 
dition as severed in distance and place, 
Wee (findeing that nothing canne reduce 
this many into one againe but forme) doe 
ordayne one setled and imoveable forme, to 
governe all the plantacions within the de- 
grees aforesayde, which forme being ma- 
turely deliberated, ever one and the same, 
soe as wholely intendeing the end, it shall 
zvorke nocthing but good thcarcto, wheare- 
by yt shall not onely serve as a medicine to 
cure all the malignities that the plantacion 
doth naturally bring with it, by reason of 
the distance of the place, but it shall alsoe 
by waye of right and interest procure us 
apt instrumentes for the form to worke by, 



A New Plan to Govern Virginia, 162J 563 

and prepare matter of apt condition for it 
to worke one [on], see farr forth, as if wee 
laye the forme aright, to matter soe cape- 
able of it, wee may conclude that the prop- 
erties of the forme must of necessitie fol- 
lowe. The matter thearefore whereone our 
forme must worke being the people and the 
place, which are to bee distinguished and 
divided, and our soveraigne faculties 
limited to them by fundamental! lawes and 
order, Wee will first give lawes and order 
to the people and then we will appoynte 
them their places, fortifiecations, and man- 
ner of spreadeing. 

First thearefore that God male the better 
give a blesseing to our endeavours, wee doe 
strictely charge and commaund all our 
presidentes, councelles, magistrates, patri- 
otes, governors, and ministers within our 
sayde severall collonies, respectively within 
their severall limittes and precinctes, that 
they with all diligent care and respect, doe 
provide that the true word and service of 
God and Christian faith bee preached 
planted and used, not onely within everie 
the sayde severall collonies, but alsoe as 
much as they may amongst the savage 
people, which doe or shall adjoyne unto 
them, and border uppon them, accordeing 
to the doctrine, rightes, religion, and ecle- 
siasticall forme of governemcnt now pro- 
fessed and established in England. 

And because wee knowe that where 
Moses and Aaron agree not there religion 
will not onely bee scandal led but the sover- 
aignetye must needes goe to wracke, there- 
fore wee doe ordayne that whoesoever hee 
shall bee that shall refuse to bee governed 
by our eclesiastical! governemcnt estab- 
lished, he shall bee heald and esteemed as a 
resister of our soveraigne power, com- 
maundeing all our administers of justice, 
whome it shall concerne, not to suffer any 
person or persons to remaine or abide with- 
in our sayde plantacions, whoe shall pro- 
fesse any doctrine contrarie to oures, or 
shall atempt to withdrawe any of our people 
inhabiteing or which shall inhabite within 
any of the sayde colonies and plantacions 
(or any of the naturalls bordering one 
them) from the same governement or from 
their due allegeance to us our heires and 
successours, which persons soe often of- 
fendeing shall bee aprehended and im- 

AM. HIST. REV., VOL. XIX. — 37- 



564 Documents 



prisoned, untill hee shall throughly reforme 
himselfe or otherwise where the cause shall 
require it be banished Virginea and sent to 
England heare to receave condigne punish- 
ment, for his or their offence or offences. 

And because wee are informed that some 
of the former govcrnores both heare and in 
\'irginea have contrarie to their patent, and 
our Rovall instructions which tyed them to 
make their lawes consonant to the lawes of 
England, framed and caused to bee printed 
a certayne tyrannicall booke of governe- 
ment, which being sent into Virginea, and 
noe other supplies of foode or apparrell 
sent either with them or within 3 or 4 
veares after them, wheareby many of you 
our subjectes, being forced to breake them 
for wante of foode and necessaries have 
misereablely lost their lives or bene brought 
into slaverie, and whereas this giveing life 
to lawes is one of the highest poyntes of 
our soveraignetye given us from God to 
benifitte not to destroye our subjectes, wee 
shall hould our selfe guiltie of the injurie 
done if wee should not see it extreemely 
punished. And this being done in the face 
of our majestie what may wee hope for soe 
farr of [off] if it bee not narrowely looked 
unto. Being therfore most jealous of our 
honour in that kinde, wee doe straightely 
chardge and commaund that noe instrument 
of our soveraigne power shall dare to en- 
croach uppon any parte of our sover- 
aignety, further then they shall bee war- 
ranted by the councell of state, or by thease 
our orders and lawes now sett downe, uppon 
payne of hightreason. And to the end this 
lawe shall bee the more strictely kept wee 
will give the goodes of such offendoers to 
the publique treasurie niakeing the publicke 
both judge and jnrie of this offence as will 
after appeare. 

Moreover because wee are fullye per- 
swaided that wee canne noe waye better 
attayne unto thease our end designed then 
by planteing of many private colonies, 
severed by distance and place. Wee there- 
fore doe especially chardge. commaund and 
ordayne that all planters of what condition 
soever they bee, shall enter their names 
and subject themselves under the govern- 
ment of some one coloneye or other, to bee 
governed accordeing to the rules and orders 
by us now sett downe uppon payne of being 
taken for rebbcls and outlawes. 



A Nexv Plan to Govern Virgmia, 162J 



565 



This severing our de- 
grees accordinge as every 
one appropriates his free- 
dome to himself e funda- 
mentally by purchase must 
naturally take awaye all 
contention aswell for 
equall liberty as for riches 
and consequently lottes 
founded on a rethmeticall 
equallytie, for every one 
will labour to maintaine 
the propriety, of his free- 
dome in his degree ac- 
cording to his right as 
well as his goodes and 
landes. And Cicero in his 
Offices saith that thoughe 
by the instinct of nature, 
men were drawne into 
sotiable assemblies, yet 
the better to save the pro- 
priety of their goodes was 
the fundamentall end that 
made them fynde out 
heades. governours, and 
presidentes of citties, the 
mouthe of equall libertye 
therefore must needes bee 
stopped, and this main- 
tenance of theire degrees 
will immoveably fixe the 
forme of the collonie, and 
it will bee a greater greife 
for anie cittizen to have 
a note of ignomynrie 
layed uppon him to bee 
suspended from his de- 



And wee doe further charge and com- 
maund all our presidentes, councelles and 
magistrates, within their jurisdictions, that 
onely the offences of tumultes, rebellions, 
conspiracies, mutinies and seditions, such 
as shall come to that hight, that they shall 
prove dangerous to the state thcare, to- 
geather with murders, manslaughters, in- 
cest, rapes, and adulteries, togeather with 
such offences as wee by thease our lawes 
and orders, shall make fellonie or treason, 
to bee committed in those partes within the 
precinct of the degrees before mentioned, 
and noe other offences, shall bee punished 
by death without the bcnifitte of clcrgie. 
except in the cause of manslaughter in 
which clergie is to be allowed. 

It followeth now that we sett downe 
thease our orders, degrees of councellers, 
magistrates, governors, and all under 
officers belongeing to this our forme, which 
falls out, first to devide all our adventure- 
ours into two orders, severing such as are 
free of our soyle and trade onely, from 
them that are citiezens and free of our 
governement. 

Of the first order there are likewise 2 
sortes, servauntes that haveing served out 
their time, and tenauntes that have estates 
in dependensie of their masters and land- 
lordes, togeather with freedome of trade, 
but have noe shares. 

The second sorte are such, whoe goeing 
one [on] their owne charges they gayne a 
share, and likewise freedome of trade but 
are not citiezens till they have not [ ?] 
carryed over 2 men. 

The second order of adventurers are 
such whoe approprialcing unto themselves 
their freedome, their landes and their 
degrees by purchase, they communicate 
either in the choice or participation of 
councells and magistracies and them wee 
call our citiezens devideing them into 5 
degrees. 

The first degree is the patriot or patri- 
tion, they are such as are first named 
patentees in the particular plantacions of 
colonics, cities, and corporations, thease 
shall bee such as haveing good estates in 
England they shall carrie or drawe over 
with them to the number of 300 men as their 
parteners and adherences of whome they 
must bee protectors and for whose good 
abeareing they must bee pledges. 



566 



Documents 



gree, or suncke a degree 
lower then it was by the 
lawes in printe to bee 
burnte throughe the 
tongue, whipt or made 
gallislaves, by this meanes 
wee maie avoyde all cor- 
porall punishement tor 
freemen except it Bee 
where the case deserves 
death, and this will 
breede in the planters the 
more noble spirittes. 



This riseinge order, the 
lowermost orders choose- 
ing their governours out 
of the uppermoste, will 
necessarilie suppresse pop- 
ular libertie and keepe the 
soveraigne faculties and 



The second degree are such as are ad- 
mitted to bee of the order of governors 
by the patriot, whose name being joyned 
in the patent, the power of cheife governe- 
ing those colonies, if they bee thereunto 
elected shall be graunted unto them. 
Thease must likewise have estates in Eng- 
land either in land, or money in banke, 
and they must carrie over, or send, as 
many men, as the patrition of the colonie 
and they canne agree to have their names 
soe put in. The patrition may alsoe at 
any time after admitte as many into the 
colonie as hee please, they bringeing men 
to him to encrease his colonie. 

The 3'''^. degree are such as shall bee 
maiores and aldermen in the foresayde 
citties and corporacions, and they shall 
carrie over sixe men. 

The 4"\ degree shall bee common coun- 
cellors, and they shall carrie over foure 
men. 

The 5"'. degree are commoners, and they 
sJiall carrie over two men. 

And if any one shall committe any act 
wheareby his life and goodes shall bee for- 
feited to us, though his life bee pardoned 
hee shall bee suspended from his degree 
till hee hath brought over a certayne num- 
ber of men, accordeing to the quallitie of 
his first degree, to restore him to his sayde 
degree agayne. 

Moreover wee ordayne that of all thease 
5 degrees, the eldest sonne onely shall bee 
of his fathers degree and the younger shall 
bee of the degree belowe it except they 
canne rayse themselves by carrieing of of 
men. 

And further wee ordayne that the mean- 
est servaunt that goeth (God soe blesseing 
him and his endeavours, that hee canne 
purchase and [an] estate in England or 
compasse to carrie over or drawe over 
with him of his friendes and adherences 
the number of 300 men) he may become 
a lord patriot whidh is the greatest place 
the commonwealth canne beare. 

Now for tlie choice and election of our 
officers, magistrates and governours, wee 
must beginne at the lowermost degree, sc : 
the commoners that carrie over 2 men 
they .shall choose out of themselves the 
burrowehoulders, surveyours of the high 
waves, and sucli like officers. And out of 



A Nezu Plan to Govern Virginia, 162 j 



567 



the commaund of the 
forces aloft in these feof- 
fees handes that our 
forme shall put them, soe 
as frameinge all the under 
degrees in a dependensye 
on the heades of the 
colonies, whose order 
haveinge the same au- 
thoritye, nomber of forces, 
manner of seateing and 
fortifying each one of 
them that the other hath, 
whereby they wilbee 
brought to an equallitie. 
Theire jealousye one of 
each other will by main- 
taineing that equalitye 
keepe anie one either 
from usurpinge further 
authoritie or by increase- 
inge the strength and 
nomber of his colonic 
then our forme doth give 
him, and thus the comon- 
weale consisting of the 
persons not of the place, 
wee by gaineing the af- 
fections of theis instru- 
mentes by theire private 
intresses and estates in 
England, giveing them 
such sufficient power as 
shall make it a common- 
wealth able to maintaine 
it selfc by itself e soc farre 
forthe onely as it shalbee 
unyted by us their sover- 
aigne. Soe frameinge the 
government that it shall 
give all men both liberty 
and meanes of riseinge to 
the greatest places and 
honours therein, whereby 
they will receave such 
content that they will all 
strive to maintaine it in 
the same forme wee Sfhall 
now settle it, wee maye 
for theis reasons give 
them the elections of their 
owne governors, at which 
all free subjectes dof 
naturally desire. 



them that carrie foure men they shall like- 
wise choose their common councellers, 
churchwardens and such like officers. The 
common councellers shall choose their 
aldermen and shreifTe out of them that 
carrie 6 men. The aldermen shall have a 
maior by turnes except some greate dis- 
abillitie happeneth and then the next in 
turne shall be maior. The Maior and 
aldermen shall choose their governour 
either out of them that bee admitted to 
bee of the order of governours by the 
patrition, or the patrition himselfe. The 
maior and aldermen alsoe of [each] severall 
corporation shall have power to choose out 
of their corporation one of the order of 
governours or the patrition himselfe to bee 
of the provinciall councell, which councell 
being all chosen out of the patritions and 
the order of governoures in everie province, 
and consistcing of 5, 7, 9, u, 13. or 15, they 
shall have a monethly president by turnes, 
whoe haveing 2 voices, hee shall for his 
nioneth call and breake of [off] all assem- 
blies, and untill the councell of union bee 
conipleate, wee give them the same power, 
which wee doe give to our sayde councell 
of union, makeing all theire decrees to 
stand as lawe, till they are disanulled by 
us, by the generall parliament in Virginea 
or by the sayd councell of union, when it 
shall bee conipleate and in force, accorde- 
ing to our order now sett downe. 

This councell of union being the most 
soveraigne councell wee will tearme a Syn- 
cretisme or councell of union with the 
councell of England and this councell shall 
bee chosen onely out of the patriotes of 
everie province, by a component number of 
clectours chosen out of the order of gov- 
ernoures which are not patritions, one out 
of everie particular corporation, \\4iich 
electors shall bee chosen by the maior and 
aldermen the maior haveing the casteing 
voice, and thease clectoures shall choose, 4, 
3, 2, or I, out of everie province as neces- 
sitie shall require. This councell shall have 
? monethly presidcntes. by alternate 
changes which untill wee have councellers 
wee will shew the manner of it by letters 
thus 



568 



Documents 



abc 


aec 


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ale 


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acf 


abo 


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abi 


ahm 


apb 


abd 

deh 


def 


dhf 


dif 


dof 


dbf 


deb 


dfg 


dei 


dem 


dep 


dec 


ghi 


gli 


goi 


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gei 


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klm 


kom 


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The groundes and rea- 
sons of theis severall 
counsells why wee make 
three presidentes of this 
Syncretisme or councell 
of union, and why they 
take their courses by 
changes according to theis 
letteres sett downe are 
theis. Genoa hath three 
presidentes, soe likewise 
had Marcelles which is 
commended by Cicero to 
be the best common- 
wealthe that was in his 
time, in the worlde. Wee 
nominate them monethely, 
because offices of greate 
power amongst equalls 
must not contynue longe, 
and the shorter they 
are the lesse they maie 
enterprize against the 
state. Arist. pol. li. 
2 et 3. Wee give them 
theire turnes because mu- 
tual! preferment equally 
bestowed by turnes dothe 
preserve and defend 
citfies and commonweales ; 
Arist. pol. li. 2. Three 
presydentes because of the 
odd nomber, three is 
beste, two beinge as much 
in proporcion to one as 8 
is to 4, soe as althoughe 
to dispute and trye and 
examine a cause, the 
even nomber is to bee pre- 
ferred before the odde, 
yett to conclude and give 
sentence the nomber of 3 
imploycs by necessitye a 
concludcing of it, either 



Thus the councell being of 15 '^^°^' if 
you order them in this sorte the same 3 men 
shall not in 5 yeares space meete togeather 
to bee presidentes, wliereas if they were 
to take their circularie courses, without 
changes, they should meete once everie 5 
moneths 

The presidentes being thus ordered their 
3 voices or two of them shall conclude all 
causes that shall bee controverted by equall 
voices and not concluded in the bodie of the 
councell, the eldest counceller of which 
presidentes shall summon and breake upp 
all assemblies, the number of this councell 
must bee 7, 9, ii, 13 or 15 at the most but 
in the minoritie of the plantacion 3 may 
serve without any presidentes, the elder 
counceller of the 3 to summon and breake 
of [off] the assemblies. 

And our will and pleasure is that (besides 
the oath of our supremacie which all our 
subjectes there shall be sworne to once 
everie yeare at the least) there shall bee a 
particular oath framed, for all thease 
councells to take, viz: that all their decrees 
shall bee made aswell for the uniteing of 
Virginea to the crowne of England as for 
the combindeing of the members to the 
whole, and that they will to their uttermost 
power endeavour to prevent all usurpation 
of encroachment uppon our soveraigne au- 
thoritie whatsoever. Reserveing therefore 
to ourselfe our most high absolute and per- 
petuall power of coinmaundeing and con- 
irouleing all, that thereby our commissions 
and writtes of justice may spread them- 
.selves over everie person, and in everie 
place through our whole dominions there, 
we doc graimt that this soveraigne councell, 
shall have authoritie to unite in commaund, 
and to appoynte the number of the forces, 
puleing the power of commaundeing them 
into one of our marshalls handes as cheife, 
to all bv turnes, or to each one severallv as 



A New Plati to Govern Virginia, 162 j 



569 



all 3 consenting to it, or 
ells two to one, which is 
sufficiente authoritye to 
carrie the cause in ques- 
tion. This fault there- 
fore that is not unjustly 
laid uppon arristocracies 
that they are two longe a 
determyneinge the busy- 
nes of the common 
wealthe, whereby the 
monarchall forme is farre 
preferred before it, will 
by this meanes be taken 
awaye, this nomber of 3 
addinge more authoritie 
to the decree then the 
voice of one doth, that 
was not for nothinge that 
there was sixe severall 
magistrates in Rome at 
one tyme consisting of 
Tryumbers. Reade in the 
booke termed the jeomet- 
ricall motion, to which 
I referre them that desire 
to bee better instructed 
herein. 

This allowance and 
lymitacion of a dictatour 
is onely in cases of ne- 
cessytie because desperate 
diseases must have des- 
perate reamidies, poysons 
expeling poysons when 
the body of the state and 
councell is rent and torne 
in peices into factions 
which deades and de- 
stroyes the power of it, 
when the armye abroade 
mutynies or is distressed 
by being invyroned, be- 
seiged or caught in some 
straight, then and not tell 
then must it be cured 
with this onely and ex- 
treamest last healpe of 
nameing a dictatour. 
whose word governing all, 
the magistracies being 
suppressed, the lawes 
made sj-lent, hee must not 
bee called to an accoumpt 



occasion shall require, giveing them our 
sayde councell likewise authoritie to pro- 
claime warre and make peace with the 
naturalls of the cuntrie, to taxe tributes 
aswell for a treasurie for England as for 
Virginea, to dispose of the treasurie in Vir- 
ginea as the councell in England have of 
the treasurie in England, To make con- 
tractes with the king or companie in Eng- 
land and consenteing with them accordeingly 
to rate the prizes of comodities, which shall 
bee sent hither or thither, to appoynte the 
places where the forces and colonies shall 
bee planted, to condemne and pardon, to 
banish, to confiscate, to proscribe accorde- 
ing to the laws ordayned, To call magis- 
trates and governours to accompt, and in 
case of nccessitie limiteing his time shorte 
and the place certayne to institute any one 
man that shall have soveraigne power as 
the dictatourcs in Rome, and all this their 
authoritie and all thinges they have done 
thearcby shall bee firme and of force till it 
be disanulled by us and our councell in Eng- 
land. This councell of union cannot be 
compleate, till there bee 3 provinces. In 
the meane time the provinciall councell shall 
serve the turne, wee giveing them the sayde 
authoritie to excercise and use within their 
owne provinces. 

Xow in regard the active and groweing 
quallitie lyeth in the well foundeing of pri- 
vate families, and collonies, wee (as a 
spurre to Industrie, sheweing that the 
heades of thease colonies are sparkes de- 
rived from our hereditorie monarchie) doe 
give and graunte unto them and their heires 
for ever^ the hereditorie commaund of the 
soveraigne forces, limiteing them to use 
them onely in their owne collonies and in 
the wastes adjoyneing to them, except they 
bee authorized to use them farther by the 
soveraigne councell of union, and to the 
end they shall onely employe this our sword 
and forces to the supporteing of our sover- 
aignetye and the mainetenaunce of our 
justice theare. Wee will give them for the 
reward of their service thease titles and 
honoures followeing. The degree it selfe 
because wee cannot give them better names, 
they shall bee called Patriotes or patritions, 
when they are 300 strong and planted 
abroade then shall they bee tearmed 
knightes patriotes with the title of Sir. 



570 



Documenti 



for anie thing hee shall 
doe, by the councell there. 
Thus the sworde beeinge 
put- into the handes of 
some one brave and au- 
steare comaunder, whoe 
resolves and executes at 
an instant wee cannot ex- 
pect that the resolucions 
that come from a councell 
can bee soe suddaine, nor 
cann the councell execute 
ought but by such an in- 
strument no more then 
the head can worke with- 
oute handes, but this wee 
must bee sure of, that he 
that is soe chosen must 
bee well affected to the 
state heare, he must bee 
an austeare governour, 
whome the people are 
afraide of. his time 
lymitted must not bee too 
longe. 



When they have attayned to bee 600 strong, 
at which number w-ee (intendeing everie 
planter and servaunt to bee the father of a 
familie) doe stente the colonies that they 
shall not exceede above soe many families 
(or that anoether colonic hath issued out of 
them) our will and pleasure is that their 
sonnes and heires shall bee then knightes 
patriotes and they themselves shall bee 
Barrons and tearmed lord patriotes, their 
wifes and other children takeing their 
honoures and places accordeingly. In time 
of peace they shall bee and have the au- 
thoritie of our leiuetenauntes of sheires in 
England, to appoynte the commaunders of 
our men at amies, see them trayned, to 
looke to th-eir armes and watches. In time 
of warre they shall bee charged with what 
number of men the councell of state shall 
thinke fitt. 

The patriot must bee allowed his leiueten- 
aunt aswell in cases of disabillitie, by 
nonage or impotencie, or in their abscence 
either about the busienes of the state theare, 
or about tlieir private busienes in England, 
but these leiuetenauntes shall bee chosen by 
the order of aldermen out of the order of 
governoures the better to give the sayde 
order of aldermen content. 
And whereas the patriotes are the principalest ringleaders and 
greatest adventurers, which carrie and drawe with them their freindes, 
kindred, followers and adherence out of their naturall countrie to a 
place soe farr remoate, to be protected governed and cherished by them, 
Wee doe therefore will and conimaund all our sayde patriotes, loveingly 
carefully and cheerefully to performe this their trust. And wee doe 
ordayne that after admonition for being churlelish and negligent in that 
kinde, they shall bee noted with a note of ignominie, if they shall not 
endeavour the helpeing and protecteing any of their foresayde adher- 
ence, by all lawfull meanes they may, and this wee charge as well all 
our presidentes councells and marshalls to looke carefully unto, the 
rather to drawe the Indyans to the like dependencj'e. 

And wee doe further ordayne that from the time that the patriot 
shall bee planted abroade, his estate of inheritance in England, togeather 
with his honoures titles and inheritance in Virginea, sihall bee soe united 
and made one to him and his heires that he shall not sell the one with- 
out the other, and that sale to bee made by the consent of our councell 
of union in Virginea and our Virginea councell in England, or the most 
parte of them meeteing at their generall courtes and not otnerwise. 
And if it happen that the patriot doe dye leaveing noe heire male of 
his name then shall it goe to the female and their heires. And the 
eldest daughter of the patrition, and the heires that shall challenge by 
the female side and their children shall beare the patriotes sirname, if 
they will inherite the sayde honoures and landes, which if they shall 
refuze that then the nexte of the kinde either by the father and then 



A New Plan to Govern Virginia, 162 j 571 

of the mothers side, takeing the patriotes adopted sirname shall enjoye 
the sayde inheritance. 

And because wee knowe howe dangerous it will bee to the state to 
sulifer thease greate honoures and inheritances, to bee conjoyned either 
by combinations, leagues, and marriages, wheareby some one familie 
may growe monsterous in the state, thearefore wee doe estabilish and 
ordayne that noe person plantcing or inhabiteing within any of our 
provinces within the degrees aforesayde shall make any leagues, com- 
bynacions or contractes either by worde or writeing, or confirmeing 
them b)' oaths, offensive or defensive, to the mainetenaunce of any fac- 
tion whatsoever, uppon payne of forfeiteing their goodes and lives as 
fellons, and to prevente the combindeing and conjoyneing of thease 
honoures in one house by marriage wee doe further ordayne that such 
eldest daughter or heire female as shall marrie with any patriott, or the 
heire of a patriott, shall disinable herselfe from inherriteing her fathers 
or predecessours patriotshippe thereby, except shee marryeing of a 
husband see inamored with her that he shall sell or give away his owne 
patriotshippe and soe shall take the sirname of his wifes auncester, he 
may by that meanes inable himself e to inherite her honoures and estate 
and soe by marryeing the inheritrix of the patriot, hee will bee accompted 
a kinde husband, and that will be his portion. The principall intent of 
frameing this lawe being that noe one subject shall either by purchase 
Or any other meanes unite the forces, theareby to inable himselfe to bee 
stronger then any of his order. 

But to the end that love may bee mayntayned, and that theise degrees 
may not estrange the upper orders from the lower, wee wish that the 
heires and eldest sonnes of the upper orders may marrie with the 
daughters of the lower orders, soe to rayse their wives fortunes. And 
that the daughteres of the upper orders being heires may marrye with 
the sonnes of the lower orders, makeing choice of the most' vertuous, 
soe as vertue may advance both men and woemen to marriages, and 
that all degrees may bee thereby bound togeather in the bondc of love 
that none may be scorned but the scorner. 

To this end alsoe, although wee would not have you imitate the 
Irish in their wilde and barbarous maners, yet wee will commend one 
custome of theires unto you, which is that the poorer sorte sueing to 
gett the nurseing of the children of the lordes and gentrie, and breede- 
ing upp in their minoritie as their owne, this breedeing, together with 
their custome, doth begett anoether nature in them to love their foster 
children and brctheren, as if they were naturally bread of the same 
parentes, and they are accompted most vile and base that shall neglect 
any good oportunitie to shew their thankefulnesse and love thus begotten 
and bread betweene the riche and poore. 

And because wee will give all furtherance of the spreadeing of thease 
newe coUonies wee doe thearefore ordayne and appoynte that all such 
servauntes that shall bee carried at the carge [charge] of any adventurer 
or planter, both those servauntes that are soe carryed over and their 
servauntes, with their servauntes servauntes, shall bee tyed to plante in 
consorteshippe with their first masters, and shall rise and remove with 
them to plant a newe colonic when their foresayde masters shall bee 
enabled by our forme thereunto, which shall bee after hee hath gayned 
and fan] estate in England and is able to drawe over or carrie with 
him 300 men, leaveing the collonie hee was first planted in 300 strong 
or upwardes. 



572 Documents 

The next magistracie is the governour, him wee ordayne after the 
death of the first patriott to bee annuall by election, but dureing the life 
of the first patriott hee shall bee governour and afterwardes his heires 
Shall bee honoured as head of that order but shall not governe unlesse 
hee bee theareunto chosen. The governours charge shall bee to see the 
lawes, decrees and orders aswell in the publique governement of the 
colonie as in the private families observed, hee shall controlle all men 
for breach of manners and discipline, first giveing them private admoni- 
tion and afterwardes publique if they perscever in their misdemeanour. 
Hee togeather [with] the maior, the shreife, the churchwarden, and one 
commoner chosen by the rest of the commoners, the governour haveing 
the casteing voice, they shall have power to indite for breach of lawes, 
and to suspend from degrees for breach [of] manners accordeing as in 
their discretion shall be thought meete. 

The next order that wee ordayne is the maior and aldermen, togeather 
with the shreife, all which 3 orders in matters of triall of life and death, 
wee ordayne that they shall bee tryed either by the councell of state or 
the provinciall councell, the jurie that tryeth them being to bee of their 
owne ranke and order, and in case where there are not soe many to bee 
founde, they shall bee supplied out of the order and ranke next beneath 
them. 

And wee doe give as well to our provinciall councell as to this degree 
and order the jurisdiction over all persons and degrees under their 
order, they haveing some one learned in the law to direct them. And 
wee doe ordayne that both our sayde severall councells and the sayde 
maiour and aldermen, shall have full power and authoritie in theire 
jurisdictions to heare and determine as well all capitoll as criminal! 
causes, which in the precinctes of their severall colonies or corporacions 
in manner and forme followeing (that is to saye) by twelve honest and 
indifferent persons, as neere as canne bee of the plaintifes and defend- 
antes rankes and orders, then the sayde juries to bee chosen indifferentlj 
out of both their orders, which juries are to be returned by the marshalls, 
for the provinciall councell, and by the shreifes for trialls in corpora- 
tions, thease jurours being sworne uppon the evangelist shall accordeing 
to their evidence to bee given unto them uppon oath, and accordeing to 
the trueth in their consciences either convicte or acquitte the persons 
accused and tryed by them, or shall trie causes for matter of right, 
betwene the plaintife and defendaunt, guided by their consciences and 
by evidence one oath delivered to them, wee giveing authoritie to the 
provinciall councell and to the maiour and aldermen, in either of their 
jurisdictions respectively to repreeve and put of [off] execution of any 
one adjudged to dye, but wee will graunte noe power to pardon death, 
to any but to our greate Councell of State. 

Furthermore for the ordering of our under orders in thease our 
corporations wee doe ordayne that everie alderman shall have his 
several! warde devided to them accordeing as their number of citiezens 
encrease, and everie one must have a common counceller under him 
as a deputie whoe must appoynte under them everie tenne men a taske- 
master chosen out of the commoners, or of the best laboureers, thease 
must worke in the head of their file, and giveing them good example 
must direct and over see them. And the taskemasters and common 
councellers must weekely relate to the governoures, whoe loytereth and 
whoe taketh paynes, and they must be rewarded or punished accorde- 
ingly. Thease taskemasters and common councellers in their wardes, 



A Nezu Plan to Govern Virginia, 162 j 573 

must alsoe take care of all sicke persons, and they must complaine of 
masters that abuse their servauntes, in suffering them to want either 
foode or apparrell. All thease thinges must bee certiefied to the 
governour and hee must see it amended, for they and the whole colonic 
as a bodie politicke, must make good to the state there and heare all the 
covenauntes that the patriot, the governour, aldermen, one common 
councellcr or one commoner or 3 of them of the sayde colonie of which 
the patriot or governour must bee one, shall undergoe to any adventurer 
that sendeth servauntes thither, or any trades men that shall trust them 
with wares, for such colonies as are raised there, they shall give warrant 
under the scale of the colonye, before 5 of their councell there. And 
the councell there sendeing their letters of credence to the councell 
heare, they shall binde the colonie whome the letters concerne to per- 
forme all covenauntes that they shall undergoe. Thease covenauntes 
must bee acknowledged and sealed heare before the Treasurer and his 
deputie and foure counccllers, and then they must stand as a statute to 
binde and make lyable all the goodes and persons of any personall ad- 
venturers in the sayde colonies, the arest of them or their goodes to bee 
made either heare or theare. The like shall bee done for all collonies 
that shall bee raised heare, certificcate being made by the councell heare, 
of their warrauntes acknowledged in courte, and this shall binde all 
their goodes and persons theare to bee aunsweareable to any seasure 
that shall be made for not performing the covenauntes signed and 
sealed as aforesayde. This assureance as well of their owne goodes 
they adventure as all the goodes of that colonie wherein they adventure, 
will give such satisfaction to adventurers, that shall either have sonnes, 
brothers, or kindred that they meane to doe good too, that they shall 
neede onely to lend them their adventurers for, 5, 6, or 7 yeares, as the 
colonie and they canne agree, and then they may have their moneys 
repayed. 

Moreover because where the busicnesse of the commonwealth is left 
to manye. there everie one putteing it of [off] noething is donne, there- 
fore our Councell in England nominateing 9 persons (whome they shall 
thinke meete) to us, wee will make choice of 3 of those 9 to bee prin- 
cipal! magistrates planteing them in each province one, which shall have 
power to see each magistrate, counceller patriot and governour to exe- 
cute their office, to see the lawes and orders observed, and to execute 
the decrees of our councells as our shreifes doe in England. And thease 
being capeable of the general! comniaund of the forces throughout their 
several! provinces when the Councell of State shall put the sword in 
their handes, they must onely have power to censure indite and suspend, 
but hee must have noe jurisdiction. Thease 3 magistrates haveing soe 
good alloweances as the plantacion will afforde them, they shall settle 
their estates in England and have noe estates in Virginea, everie one 
haveing certayne men allowed them for their guard by the collonie, And 
houldeing their places for a time limited by us and our Councell in 
England and removeing them from province to province as wee shall 
thinke meete. Thease wee appoynte to bee our marshal! governour, and 
are to take their directions, botli of takeing upp and layeing downe the 
sword accordeing to their commissions by the councell of state in Vir- 
ginea graunted and giveing ane accoumpte of their actions to the sayde 
councell, at their comeing out of the feilde. 

Furthermore wee considering that this greate power given amongst 
our magistrates councells and governoures may (as wee have formerly 



574 Docmnents 

shewed in the lawe provided against the abuses of the sayde soveraigne 
power) prove to bee the undoeing of our obedient subjectes that are to 
live under it and bee commaunded by it, And soe may turne to the 
mine of the commonweakh, Thearefore it concerneing the whole bodie 
politicke aswell as everie particuler member, that it may bee the better 
looked unto, and the more severely punished, wee doe ordayne a Syndex 
or niagistracie, framed out of the 5 orders or degrees, 3 a peece out of 
everie order, that shall soe often as the generall parlament meetes have 
power to enquire, examine, trye and adjudge (as neede shall require) 
all the greate councellers either of the state or of the provinces, the 
patriotes, the governours, or any other that shall have the administra- 
tion of justice within any of our sayde provinces or collonies. And 
whichsoever of them shall bee found guiltie of oppression or the en- 
croacheing farther uppon our soveraigne power then to him or them 
or [is] limited by thease our orders, or warranted by our councell of 
state, they shall have power to punish them accordeing to the lawes, 
either with losse of life, goodes or banishment. The goodes of which 
ofifendoures, wee will bestowe one [on] the publique, whoe haveing 
caught the wolves and stripped them shall have the fell for their paynes. 
Noe scentence must passe in this magistracie under 10 voices, none of 
death under i3>=«n- This magistracie must continue dureing the time 
of the Parlament. Everie counceller or magistrate that shall bee ques- 
tioned by this magistracie, must stand 8 dayes subject to this inquisition 
and triall, in which time it shall bee lawful! for any man to accuse him, 
and after wardes being acquitted he shall have a certificate under the 
handes of thease magistrates, certiefieing 'his integritie in his place, 
which may remaine by him as a merke of honour to him and his pos- 
teritie. To choose this magistracie, there must bee a proVinciall parla- 
ment called, one out of each order of the 5 orders in everie corporation, 
which being mette and the orders sorted and severed by themselves, 
they must write everie one his name to whome they give their voices, 
and then the partie out of everie order which hath the most voices must 
stand as choosen for this magistracie. Thease magistrates shall bee 
called the Protectoures of the comonwealth dureing the time of their 
magistracie. 

To the purpose thearefore that wee may forthewith have thease our 
orders lawes and forme of governement, put in execution, wee doe first 
charge and ordayne that all our councellers in Virginea shall perswade 
and prepare first and especially the ould planters and all other adventur- 
ers that are planted there and have servauntes, to devide themselves into 
consorteshipps of 30""" or 50*'"^ to bee principall men in thease our par- 
ticular collonies, and that they planteing themselves as neere one to the 
other as may bee, will prepare houses for certayne other planters or 
servauntes that shall be sent to them, of whome they shall take charge, 
they being payed aswell for those their houses as for their undertakeing 
the charge of servauntes, by them that shall enter or adventure into 
consorteshippe with them. And that such our councellers, as have 
estates in England or Ireland and such other of the planters as canne 
procure 300 men to joyne with them, to bee surctyes one for each other 
that within 7 yeares they shall purchase estates in England, to such a 
value as shall bee thought meete. Thease shall be allowed to bee 
patriotes. 

And wee doe farther will and charge our councell in England that 
they give furtherance to all such as shall bee soe consorted, to supplie 



A New Plan to Govern I 'irginia, /62J 575 

them with planters that haveing estate heare may bee either patriotes or 
of the order of governoures. And to cause adventurers that will onely 
send servauntes thither to joyne with those ould planters, giveing them 
reward for their paynes, and for such hundredes as are now planted 
onely with tenauntes or servauntes, to cause the ould planters that are 
freehoulders to joyne and plante with them, and likewise to send to them 
patriotes and governoures that have estates in England, to plante 
amongst them, that the ould planters may both helpe to instruct them 
and keepe them to their laboures. And the colonic may bee aunsweare- 
able, both to the state for their allegeance and to the adventurers for 
their adventures and that they will not graunt any farther patentes 
heareafter to any other but such as shall bee enabled by this our forme 
to take them. 

And in regard that our planters in Virginea may bee the better 
furthered by the companye in England wee doe ordayne that everie 
coUonie after it is 300 strong shall appoynte 3 deputies of their prin- 
cipal! adventurers whome they best trust, resideing in or about London 
or Plimouth, whereof one of them being nominated to bee the principall 
shall bee authorrized to bee present at all consultations with the councell 
of Virginea and New England, to consulte uppon the election of officers 
belongeing to the courtes there, and about contractes with the King or 
companie about auditeing the accomptes. The whole order and classis 
of thease men, being tearmed the preconsulters, shall have a negative 
voice to staye and hinder all thinges that shall bee prejudiciall to the 
planters in V'irginea giveing in their names, their consentes or their 
denialls for the matter questioned in writeing, the other two deputies 
shall bee as agentes and factors to buy and sell the goodes transported 
and returned to and from Virginea. 

An wee doe further charge our councell in Virginea, that in the 
interim whilst thease thinges are doeing, they will send out certayne 
flatt bottomed vessells to discover to the southward where the best places 
(most especially for health) are to plant one [on], and that they will 
likewise prepare long and large vessels flatt bottomed, like those they 
tearme flutes in the Low Countries, that in transporteing our men they 
may laye drye in them till their houses are made or built. 

For the seateing and ordering thease severall plantacions because 
they require a good judgement uppon the veiue of the place (there 
haveing beene either none or verie slight discoveries in that kinde), wee 
must leave it to the wisedome and judgement of you our councell in 
Virginea, but wee knowing the manye inconveniences that doe heape 
themselves together both uppon the plantacion and the governement in 
our planteing in grosse, which noething but a potent domesticke cnimye 
should enforce us to, And considering that the naturalls of the cuntrie 
are soe weake, that the strenght and largenesse of the cuntrie is soe 
greate, soe as by the fortiefieing of the mouthes of the rivers and keepe- 
ing the center and middle province of the plantacion strong, And knowe- 
ing that the devideing of our forces in soe strong a cuntrie will bee a 
principall meanes not onely to encrease the strenght of them by our 
retireing fightes from one collonie to the other, tyering, debillitateing 
and anoyeing an assayleing enimie and draweing them to all places of 
disadvantage, but alsoe to bee a speciall helpe to the attayneing of all 
other our defined endes, Wee doe ordayne therefore 3 provinces, a 
southerne, a middle, and a northorne province, planteing our collonies in 
them, accordeing as wee shall finde the rivers to lye, planteing not above 



5/6 Documents 

2 collonies one one river, One at the falls to make bridges to coste the 
cuntrye, and anoethcr not farre of from the moutlies of the sayde 
riveres, and they being noe farther of [off] in distance one from the 
other but that they may second one the other in 3 or 4 dayes by land, 
which manner of planteing and seateing them, will not onely bee and 
[an] impulsive cause enforceing by necessitie the continuance of the 
governement by us now ordayned, but alsoe and [an] especiall meanes 
of gayneing healthie places to plant one [on], a meanes to enlarge our 
dominions, a meanes to encrease our navie, a meanes to discover the 
comodities of the cuntrie, a meanes to make tame and civill the Indyans. 
a meanes to make our commaunders the better agree, a meanes to keepe 
our collonies from generall mutinies and oppresseing each other, a 
meanes to keepe them from makcing leagues and aydeing each other 
agaynst the soveraigne councell, a meanes to ballance one province and 
collonie by the other, a meanes to make them joyne against anyone that 
shall rebell against the generall governement, and finally a meanes to 
make the patriotes greate within their owne collonies and wastes ad- 
joyneing to them, thus planteing them and equalling them in number, 
seateing, ordering, and fortiefieing them, our religion, discipline, gov- 
ernement, eclesiasticall and civill, the ordering of our families, and the 
tying of the natural! Virgineanes all to coheare accordeing to our 
forme, everie thing will bee soe united and made one in dependencie, as 
the essence and being of it shall naturally depend one our soveraignetye. 

Now because wee will shewe you that the duties of commaundeingand 
obeyeing are mutuall, haveing hitherto endeavoured to winne vou to a 
loveing obedience of thease our lawes and orders sett downe in this 
forme, as wee intend wholely for your good and advauntage, wee by 
waye of retributeing our love for your obedience doe promise that heare- 
after if you shall either finde out there groweing, or plante there any 
commoditie that shall bee of necessarie use in any of our dominions, 
that then payeing us our customes and impostes, and being able fullye 
to supplie us with the sayde commodities, you shall have onely the 
bringeing them in. And because wee knowe that this spreadeing and 
groweing quallitie doth necessariely require a publique groweing stocke, 
in performance of this our promise, wee doe give unto such as shall 
desire to plant estates in England, the sole importation of tobaccoe, that 
you may plant estates aswell in England as in Virginea, wee doe enjoyne 
you that if by restrayneing it that it come not two fast into England, 
and by keepeing it in banke heare, it shall prove worth 4 or 5 pounds, 
yee shall bee payde halfe of it in Virginea in commodities and servauntes 
at easie and reasonable rates, and the other halfe shall remaine in banke 
in England, in good handes (you receaveing 6 in the hundredth) to 
imploye as you shall thinke meete. The surplusage proffite above 4 or 
5 being imployed as a treasurie for the publique. Wee will order that 
there shall bee servauntes and cattle equallie sent to the collonies, the 
bcnifitte of whome they shall have the 4"'. parte of it for takelng the 
charge of them. 

And because wee doe knowe that a sett and frugall habite is the 
best meanes to advance a groweing commonwealth to the one that yee 
may banish supcrfluitie and that everie degree may bee knowne by their 
habbites, wee doe charge and commaund you to sett downe amongst 
yourselves certayne frugall and inchangeable fashions, for each degree 
to weare, giveing to the ould planters some noate of honour to dis- 
tinguish them from others. 



P 1 J^. 



A New Plan to Govern Virginia, 162J 577 

And that this may bee the better donne, wee doe ordayne, that there 
shall bee a megasine for the publique, the stocke whereof shall bee raised 
out of the ould debtes and the fines of such as have abused the governe- 
ment, which stocke shall still bee upheald and increased as the plantacion 
increaseth aswell by the benifitte of retourne of commodities, as by one 
4"'. parte of the publique servauntes labours, by and [an] increase of 
the 4'^ parte of the cattell, and by a rent to bee reserved out of the 
landes where the publique servauntes shall bee planted, when they are 
once made free tenauntes. 

We haveing thus not provided you a meanes to plant estates in Eng- 
land but put you into the waye how it shall bee donne, our busienesse 
will bee soe to order the seateing, fortiefieing and the manner of the 
spreadeing of your collonies, that it maye bee for your healthes, and 
strenghtening of you, soe onely, as you may not strengthen yourselves 
against our publique state. And because soveraigne seates are onely 
to bee used where the person of the soveraigne hath his continuall 
abydeing, therefore wee doe ordayne that noe colonie shall bee planted 
one [on] the mouth of any naviegable river, where the channels maye 
be commaunded or shall take any soveraigne seate naturally strong to 
commaund both sea and land, but shall leave the mouthes of all the 
riveres to bee fortiefied in that manner the state shall thinke fitt, onely 
with small fortes bastions or bullvvorkes that maye contayne 20 or 30"" 
men a peece, to handle their ordinaunce to beate and commaund the 
channells. But because prepotencie is the principall thing that you 
must all take heede of, dwarfes and gj-antes never agreeing well 
togeather in one familie, ranke or order, wee will leave this to your 
cares whome it doth most especially concerne to looke unto it, willeing 
and commaundeing you that noe peece of grounde within the degrees 
before limited, shall bee taken and fortiefied, by any our subjectes the 
planters theare, but first a commission shall bee directed to certayne 
surveyoures some of which shall bee well experienced in fortifiecation, a 
record being kept of the names of the commissioners, togeather with the 
condition of the place, the quallitie, quantitie and manner of the forti- 
fiecation by them all owed to bee made, that not onely thease commis- 
sioners if they shall connive and suffer such fortes and places of ad- 
vauntage to bee taken and fortiefied may receave condigne punishment 
therefore, but alsoe it may make all such planters as shall fortiefie con- 
trarie to the alloweance of the state to bee uncxcuseable, which offence 
accordeing to our lawes of England, wee doe ordayne that it shall bee 
fellonie. 

Now for the manner of the fortiefiecation that they may bee all 
equall, wee will and commaund that there shall bee one sett forme for 
all, and that citties bee fortiefied with brickc and stone walls onely, not 
of any greate thickencssc, but battalemented one the toppe. flanked 
without and tarrased within more for comelyncsse then strenght, 
planteing them either uppon easie and accessable assentes, or else one 
Icvell groundes, by small rivers as farre from marshes and ill aires as 
may bee, not suffering any to fortiefie within gunneshott of the banke 
of any greate navigable river, neither one coUonie to plant one both 
sides theareof that they may not annoye either those that plant above 
them, or such their neightboure collonies as shall abutte againste them, 
but wee would have them plante one [on] such small riveres as are 
fordeable. and wheare bridges may bee made to passe them, there they 
shall plant one both sides, if the riveres bee not the boundes bettwixte 



578 Documents 

two collonies, in which cases none of the sayde collonies shall plant with- 
in gunne shotte of them, the fisheing being common to both. One [on] 
thease riveres if wee shall plant our townes in the middest, our wastes 
and commons next and our cuntrie villages last, makeing them soe 
strong as they maye bee sufficient defences agayn 'st the Indyans, and 
the placeing those villages in and [an] orderlye distance one from the 
other, everye planter that is but of 2 or 3 yeares standeing will knowe 
his station, the manner of the fortiefiecation and buildeing aswell as the 
Romans knew their campe. But for the manner of spreadeing and 
devideing our collonies, wee will take example by King Alfridde whoe 
first devided England into several sheires or sextions and appoynted 
over everie sheire and [an] earle to commaunde his forces theare, 
which sheires hee alsoe devided into lesser partes whereof some bee 
called Lothia [lathes?] of the Saxon worde, which signiefieth to as- 
semble, others he tearmed hundredes, because those that commaund 
over them, had jurisdiction over a hundredth pledges, others he tearmed 
tytheinges, soe named because there was in each of them ten persons, 
whearein each one was suretye and pleadge for the others good abeareing, 
and whatsoever hee was that was not of creddite to bee receaved into 
one of thease tytheinges hee was either subject to the marshall law, or 
else committed to prison and there made worke like and [an] idle 
droane. if this course bee now taken in Virginea and that the Indyane 
within the wastes adjoyneing to the collonies, were by your gentle usage 
drawne into thease polliticke orders, whereby each collonie should have 
their propper Indyans beelongeing to them, whoe seeth not what greate 
benifitte would arise to the plantacion theareby. 



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